Explanatory Memorandum to COM(2002)185 - Conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2002)185 - Conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy. |
|---|---|
| source | COM(2002)185  |
| date | 28-05-2002 |
The attached proposal is intended as a new framework Regulation for the Common Fisheries policy which will replace Council Regulations 3760/92 and 101/76.
The 'Communication on reform of the Common Fisheries Policy ('Roadmap")", which accompanies this proposal, indicates the background to and main objectives of the CFP reform process.
Contents
The Common Fisheries Policy (CFP) should cover all activities which exploit fish, crustaceans and molluscs (referred to in the proposal as living aquatic resources). Measures under the policy should include the conservation and management of resources, conditions of access to waters and resources, structural policy and fleet management, control and enforcement, aquaculture, markets and international relations.
In this proposal, however, the topics of structural policy (other than measures affecting the fleet) , aquaculture, markets and international relations are not further developed. These will either be taken up at a later date by further Commission initiatives in the context of reform (aquaculture and international relations) or are already the subject of Community legislation which in the Commission's view should not be subject to review at this stage (the common market organisation for fisheries products and non-fleet structural measures). This proposal concentrates on the conservation of fish stocks and the limitation of the environmental impact of fishing associated measures to adjust fishing capacity and to control and enforce the rules of the CFP; it also addresses procedures for decision-making and consultation.
The underlying objective of the CFP is to ensure exploitation of living aquatic resources that provides sustainable environmental, economic and social conditions.
The Community needs a new framework which provides a basis for coherent fisheries management measures based on the precautionary principle. This framework should be clear as to responsibilities at Community, national and local level, should provide for decision-making processes based on sound scientific advice, should facilitate widespread involvement of stakeholders and should ensure coherence with other Community policies.
The principal factor involved in the conservation and sustainable exploitation of aquatic marine resources which can be controlled by management is the fishing mortality rate, which is the proportion of a fish population which is removed each year by the fisheries which exploit it. Other important factors are to a greater or lesser extent predictable but are uncontrollable by fisheries managers. The conservation of exploited populations and their sustainable development is, therefore, achieved by control of fishing mortality rate.
A second management objective is to minimise the impact of fishing activities on marine eco-systems, and in particular non-target species and sensitive habitats.
There are a number of ways to achieve these objectives. These encompass limitations on catches (i.e. limiting the output of fisheries production), limitations on fishing effort (i.e. limitation of input of fisheries production) and various measures intended to protect young fish or non-target species (usually referred to as technical measures). In support of these basic elements, it is desirable to establish scientifically-based targets for fishing mortality rates and population size, to fix the number and types of fishing vessels authorised to fish and, wherever possible, to establish incentives to promote fishing practices which avoid the capture of young fish or non-target species. The Commission proposes that all of these elements be used in the Community's approach.
In addition, the Commission proposes that the Community move away from the current practice of deciding on the management of fish stocks on an annual basis. This process has not led to reduction of fishing mortality rates to the degree required and has allowed deterioration of many fish stocks.
The Commission proposes that fish stocks should be managed strategically on a multi-annual basis and in such a way that, where required, stocks are rebuilt to sustainable levels and thereafter maintained at those levels. This approach would be mandatory for stocks outside safe biological limits. Multi-annual management plans must incorporate targets, which take account of scientific advice and against which the state of stocks can be measured. They should also incorporate defined harvesting strategies that will pre-determine the method to be used for setting catch and fishing effort limits.
The Commission proposes that the strategic elements of multi-annual management plans should be decided by the Council and that, after the first year of application, their further implementation, which will be based essentially on technical criteria, should be decided by the Commission assisted by a Management Committee.
Limitations on fishing effort (that is, the time spent at sea by a fishing vessel of a given engine power) should be considered alongside catch limits and technical measures as an essential component of multi-annual management.
A number of changes are also proposed in respect of emergency measures and national measures within the 12-mile zone:
- A procedure by which the Commission may decide on emergency measures is necessary to allow for immediate action in the event of serious threat to the conservation of resources. This proposal modifies the time limits foreseen in Regulation No 3760/1992 for the duration of such measures (one year instead of six months), in order to allow enough time for the adoption of more definitive Community measures and provides for consultation of the Member States if such action is taken at the request of a Member State.
- It is proposed that a Member State be authorised to adopt non-discriminatory conservation and management measures within the 12-mile zone applicable to all vessels fishing in the area. Procedural safeguards are foreseen whereby other Member States and the relevant Regional Advisory Councils (see Chapter VI) may comment if the measures are to apply to the vessels of other Member States to the Commission. The Council may take a different decision within 20 working days.
- It is proposed that Member States be authorised to take emergency measures applicable to all vessels, for no longer than three months, in waters under their jurisdiction, provided that there is a serious and unpredicted threat to the resources and that any delay would result in damage that would be difficult to repair. This provision is intended to replace Article 45 i of Council Regulation 850/98, a similar provision but which foresees no time limit. Procedural safeguards are proposed whereby Member States and the relevant Regional Advisory Councils may comment to the Commission. The Council may take a different decision within 20 working days.
The Commission has repeatedly underlined the weaknesses of the Community's fleet policy. Ineffective programmes to manage fleet capacity as well as inappropriate aid schemes have led to over-capacity and hence to dwindling stocks. These policies have to be overhauled.
Two types of new measures are proposed that will affect fleet structure:
a) measures directly affecting the size of the fleet:
- fishing effort limitations, fixed under the multi-annual management plans, will inevitably induce reductions in fleet capacity;
- the fixing of reference fleet levels, Member State by Member State, based on MAGP IV objectives, accompanied by an entry/exit ratio of 1 to 1, will prevent an overall increase in capacity in the fleet.
b) accompanying financial measures:
- severely restricting public aid for investment in fishing vessels and to eliminate aid for the transfer of Community over-capacity to third countries would inhibit further growth in fishing effort;
- the provision to Member States of higher scrapping premiums, and where necessary, extra Community co-funding, for the vessels most affected by the multi-annual management plans will encourage additional decommissioning of vessels.
The attached proposal covers the measures indicated under (a); other proposals addressing the financial measures mentioned under (b) are presented separately.
Where the setting of fishing mortality targets under multi-annual management plans translates into mandatory limitations of fishing effort, many Member States will need to reduce capacity to comply with these limitations. As is already the case, any capacity withdrawn with public aid will be deducted from fleet reference levels that will be fixed for each Member State. With this system in place, national fleets will progressively decrease in size.
The proposal also provides for the possibility of setting new parameters for fleet capacity, based on the type of fishing gear rather than the tonnage and power of fishing vessels. For more transparency, it provides for an improvement of fleet monitoring through a revision of the Community fishing fleet register and the setting up of a regular dialogue on fleet policy, through 'peer review' involving both Member States and the Commission.
The Commission proposes that current restrictions on the right to fish within the 12-mile limit, which limit access to vessels from adjacent ports or to vessels from other Member States which enjoy historical rights codified in Council Regulation 3760/92, should continue beyond 31 December 2002. These provisions have reduced fishing pressure in the most biologically-sensitive areas of the sea and provided economic stability for small-scale fishing activity; there is widespread support for their continuation.
In all other Community waters, the Commission proposes that Member States should have equal access to fisheries resources, subject to measures decided by the Council or, under provisional emergency procedures, by the Commission or a Member State.
The Commission proposes a review of the compatibility of access rules other than those related to the 12-mile zones of Member States with conservation and sustainable exploitation objectives before the end of 2003.
The Commission proposes that the allocation of Community fishing opportunities among the Member States, based on the principle of maintaining relative stability of fishing activity, should be maintained. It is proposed, however, that a method of allocation for each stock be decided by the Council in order to make the application of this principle more transparent. This decision should also take account of any special conditions for allocation, such as the so-called Hague Preferences. As indicated in the accompanying 'Communication on reform of the Common Fisheries Policy', the Commission considers that progress towards more normal economic conditions in the fisheries sector would permit a revision of these arrangements in the longer term.
The Commission reminds the European Parliament and the Council that Article 14 i of Council Regulation 3760/92 establishing a Community system for fisheries and aquaculture provides that the Council shall decide before 31 December 2002 on the provisions which could follow the arrangements referred to in Article 6 of that Regulation (that is, arrangements for fishing access to the 12-mile zone).
Compliance with the regulatory measures applicable to the exploitation of fish stocks must be effectively enforced. Current arrangements are far too weak. Chapter V therefore provides for a new legal framework for a Community control and enforcement system.
This system is designed to ensure that access to and exploitation of fish stocks is controlled throughout the whole fisheries chain and that compliance with the rules of the CFP, including structural and market policies, is enforced. The responsibilities of the Member States and the Commission are clarified, as well as the conditions for engaging in fishing activities and associated activities. Furthermore, the system lays down the control and enforcement instruments and the conditions for co-operation and co-ordination between Member States. Implementing measures shall be adopted as appropriate by the Council and the Commission.
To this end it is appropriate to insert in this Regulation the main provisions governing control, inspection and enforcement of the rules of the Common Fisheries Policy, part of which are already contained in Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy. That Regulation has to remain in force until all the necessary implementing rules have been adopted. Within this system Member States are responsible for the execution of control and enforcement. In the case where a Member State fails to comply with its Community obligations, it may be required to compensate the Community for any damage or loss; all or part of the compensation may be allocated to Member States which have suffered prejudice.
The Commission is responsible for monitoring control and enforcement by Member States and for facilitating co-ordination and co-operation between Member States. The Commission should be able to take immediate preventive action when possible violation of Community rules by Member States jeopardises conservation of stocks.
Operators may not engage in fishing activities or associated activities unless they comply with their obligations to provide information on their activities and, where appropriate, to accept and co-operate with observers and inspectors. Each Member State must establish a single authority responsible for the collection and the verification of information on fishing activities.
To increase the effectiveness of follow-up of infringements it is proposed that, in the case where serious infringements have been detected, measures are immediately adopted by Member States to prevent vessels continuing an illegal activity. Furthermore, it is proposed that the Council decide on the level of sanctions for serious infringements.
Co-operation and co-ordination are to be strengthened by defining the responsibilities of Member States and by adopting more far-reaching measures. Control of the implementation of the CFP by Member States should be reinforced. The Commission may proceed to audits, inquiries, verifications and inspections concerning the application of the rules of the CFP. The Commission proposes enhanced powers for its inspectors and the designation of Community inspectors by the Member States. These Community inspectors report to their Member State, but have the right to carry out inspections in Community waters and on Community fishing vessels. For the purpose of establishing facts, Member States shall give the same value to inspection reports drawn up by Community inspectors, Commission inspectors and inspectors of another Member State as they give to their own inspection reports.
This part of the proposal contains a number of new elements:
- The Commission proposes speedier implementation of international recommendations, through the use of a management committee procedure. In the case of a measure adopted within a regional fisheries organisation, for example, which will become binding on the Community after the expiration of the deadline foreseen for lodging an objection, the Community has no other choice but to implement such a measure. The Commission proposes that such measures should be implemented by the regulatory committee procedure.
- It is proposed to establish Regional Advisory Councils (RACs) to ensure greater stakeholder involvement in the development of fisheries management at regional and local level.
RACs should be composed of representatives of all parties with an interest in fisheries management in a given sea area or fishing zone and shall be transnational in nature. They should advise the Commission and, where appropriate, Member States, on fisheries management in the area and may conduct any other activities that are necessary to fulfil their core functions.. A procedure is proposed for the establishment of each RAC following the request of two or more Member States on the basis of a Council Decision.
The Advisory Committee for Fisheries and Aquaculture (ACFA), set up under the auspices of the Commission, will continue to advise the Commission on horizontal fisheries policy matters.
- The Commission proposes to broaden the remit of the Scientific, Technical and Economic Committee for Fisheries (STECF) to cover advice on all aspects of fisheries management, including, for example, environmental and social issues. The Commission intends to come forward in the coming months with a Communication on the improvement of scientific advice for Community fisheries management.
Finally, a review of the provisions of chapters II and III is foreseen for the year 2008.